Hon. GEO. E. FOSTER.

In what way do they control the incorporation ?

Mr. FITZPATRICK.

They control the incorporation to this extent, that if the requirements of the Act are not carried out with respect to the incorporation of a company, the Railway Commissioners have power to intervene and see that the Act is complied with-to that extent only. Now speaking specifically, I may say that the board is called upon, in the first instance, after the company is organized, to see to the location of the line of railway, to control the grades, and curves, and general character of the construction; they have also the supervision over all plans, profiles and books of reference ; they are responsible for the location and construction being in accordance with the lines laid down by special Act. The board is called upon to act in the case of any omission, error or misstatement in any plan, profile or book of reference, and to correct the same; also in cases of deviation which require to be made. In adition to that, they are called upon to deal with questions of expropriation of land, with the construction of branch lines, the control of crossings and junctions, interference with navigable waters, construction and operation of telegraph and telephone lines, drainage, farm crossings, fences, gates, cattle-guards, bridges and tunnels, stations and inspection.

Mr. FOSTER.

Telegraph and telephone lines in connection with the railways.

Mr. FITZPATRICK.

In connection with the railways. Perhaps I might read a paragraph I have on that point, with respect to the construction and operation of telegraph and telephone lines, they have power to interfere in so far as the lines run along the railway, and supervision over the rates and charges to be made for the transmission of messages and of agreements for the use of such lines by other companies ; placing wires across railways, construction, operation and maintenance of telegraph and telephone lines, for the distribution of light, heat and power along, upon, under or over highways or other public places, under power granted by parliament, if the company cannot get consent of the municipality in that regard. That is to say, if there is o conflict between a railway company and municipality, the Board of Commissioners

has authority to act between the two. Now with respect to the operation of railways. The board has a duty to be familiar with the first equipment, apparatus and appliances used or to be used upon all trains and upon the railway generally ; the accommodation, i mining and operation of trains, the causes and prevention of accidents ; reports of accidents must be m'ade to the board by the railway ; the causes of fire, removal from the right of way of weeds and inflammable matter. They also make rules and regulations for the operation of trains and to make them uniform among all railways. Then I think the most important duty that is given to them is with respect to the tolls that railway companies are entitled to charge. I would like to draw my bon. friend's attention to section 255 of the Railway Act which practically makes it obligatory upon all railways in this country to submit their lolls for approval before they can collect either freight or passenger rates. In addition to that, the board is entitled and is bound to see to the enforcement of all penalties which are incurred. They also have charge of the supervision and approval of all amalgamation and traffic agreements.

Mr. LENNOX.

Will the hon. gentleman say whether there is any distinction in their jurisdiction over Dominion railways that are incorporated by the Dominion and those incorporated by a province.

Mr. FITZPATRICK.

Mr. FOSTER.

What is the deciding quorum ?

Mr. FITZPATRICK :

A majority, I believe.

Mr. FOSTER.

A majority of those present or a majority of the whole board ?

Mr. FITZPATRICK.

A majority of those present. The Chief Commissioner with us is the most important person. The findings of the board on all questions of fact are conclusive in all courts in this country, but on questions of law the Chief Commissioner's opinion prevails. The Chief Commissioner, -when a question is determined by the board to be one of law, has absolute control over the determination of that question.

Under these circumstances it is not necessary for me to say that it is exceedingly important that we should make a proper choice for this position. It is Important to have a man of legal training and if possible of wide judicial experience. He should also be familiar with the necessities of the country, and it is most desirable that he should be as far removed as possible from all contact with the great railway corporations. It is important that we should get a man, who has not, recently at all events, been connected as counsel with one of our railway corporations. In the light of these requirements we think vce have found a man who is prepared to accept the position, who is almost an ideal man for the place. The man to whom the position will be offered is Mr. Justice Killam, of the Supreme Court, This gentleman was educated for the bar in the province of Ontario, was called to the bar there and practised his profession in that province. He afterwards moved to the west settling in Winnipeg where he practised his profession several years, until 1S85, when the government of Sir John Macdonald appointed him to the High Court of the province of Manitoba. He then became chief justice of Manitoba and within the last two years he was promote'd to the Supreme Court of Canada of which court he is now a member. The legal profession, at all events, wall agree with me when I say that he is a man qualified in all respects, by temperament, by reason of his intellectual qualities and by reason of his judicial experience, to fulfil the duties of this important office.

Mr. SPROULE.

He has had no experience as a railway man.

Mr. FITZPATRICK.

He has never operated a railway as far as my knowledge goes,

but I think he has had experience in railway matters in connection with the Supreme Court and also as a member of the bar and as a judge in Manitoba. In any event the result of our selection makes it necessary for me to bring in these resolutions. The resolutions are not intended to add anything to the position in so far as Mr. Justice Killam is concerned, but they are intended to widen the field from which we may be able to make our selection for this important office. I will now proceed to explain In what respect. At the present time the judges of our high courts are entitled to a retiring allowance. If a judge has been on the bench of the superior courts of this country for fifteen years he is entitled to retire at the expiration of that period on two-thirds of his salary. If he has been on the bench for thirty years he is entitled to retire on his full salary. If he has attained the age of seventy years and has been on the bench for 25 years he is entitled to retire on his full salary, and the same thing applies if a judge has reached the age of 75 years and has been 20 years on the bench. Mr. Justice Killam has been on the bench since 1885 and he has now 20 years of judicial service to his credit. He is 55 years of age and in ten years from this he will be entitled to retire, if he remained on the bench, at his full salary. The intention of the resolutions is to allow this time to count; that is to say that the time he would spend on. the Railway Commission, if he is appointed for ten years, will count absolutely in the same way as if he had continued to occupy a seat on the bench. He would not, gain anything by his transfer, but he would not be put in a position where he would lose any of the benefits and advantages he has now acquired.